FTC Policy Reversal Signals an Intention to Make Increased Use of Monetary Equitable Remedies for Violations of US Antitrust Laws

August 08, 2012
The U.S. Federal Trade Commission has reversed its enforcement philosophy with respect to monetary remedies. The agency may be positioning itself for expanded pursuit of monetary damages for anticompetitive conduct. Businesses, particularly those facing ongoing investigations, need to be familiar with this policy change. In this update, we examine the old framework and attempt to gauge the impact of its abandonment.